WP No. 584 of 2011
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
M/S. METRO THEATRE (CALCUTTA) LIMITED
Versus
JUDGE, 2ND LABOUR COURT, WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE DEBASISH KAR GUPTA
Date: 9th June, 2011
Mr. R. M. Chatterjee, Adv.
..for the petitioner
None appears on behalf of the respondent when the matter is
called on. No accommodation is prayed for. Let the affidavit of service
filed in Court today be kept on record.
This writ application is directed against an order dated May 6,
2011 passed by the Learned Judge, 2nd Labour Court, Kolkata.
It is submitted by the learned Advocate appearing on behalf of
the petitioner-company that the subject matter involved in case no.2 of
2010 filed by the respondent no.4 before the Learned Judge, 2nd Labour
Court, Kolkata is an order of dismissal passed by the petitioner-
company against the respondent no.4. A preliminary objection was
raised with regard to the maintainability of the above proceedings before
2
the Learned Judge, 2nd Labour Court, Kolkata on the ground that the
respondent no.4 was working for gain under the petitioner-company in
the post of Works Manager. It is submitted on behalf of the petitioner-
company that although the above fact was undisputed, the Learned
Court below rejected the preliminary objection of the petitioner-
company.
Let affidavit-in-opposition be filed within four weeks from
date; reply thereto, if any, be filed within one week thereafter. Matter to
appear six weeks hence.
Upon, prima facie, consideration of the facts of the case, I find
that balance of convenience and inconvenience is in favour of passing
an interim order. Further proceedings of case no.2 of 2010 pending
before the Learned Judge, 2nd Labour Court, Kolkata is stayed until
further orders.
Liberty is given to filing application for vacating, variation
and/or modification of above interim order.
All parties are to act on a signed photocopy of this order on
the usual undertakings.
(DEBASISH KAR GUPTA, J.)
AKGoswami